The South Dakota sheriff and colonel filed a lawsuit in the state highway patrol on Friday against a voter referendum legalizing the legal use of marijuana in the state.
In the lawsuit, Kevin Thom, Pennington County Sheriff and South Dakota Highway Patrol Colonel Rick Miller claimed the constitutional amendment in question violated the rules against a one-time amendment to more than one topic, according to a Dakota News Now report. It has been argued that the amendment, Amendment A, includes the legalization of marijuana, the regulation of its recreational use, taxation, the provision of access to medical marijuana, and the enactment of laws on hemp by state legislators.
The lawsuit further argues that the initiative is a “revision” rather than an amendment, i.e., a fundamental change to the state’s constitution that requires three-quarters of the vote from both chambers of the legislature.
“Our constitutional amendment process is very simple,” Miller said in a statement. “In this case, the group proposing Amendment A has unconstitutionally abused the initiative process. We are confident that the courts will protect the South Dakota constitution and the rule of law. “
Amendment A passed the November 3 election with 54 percent support, while the separate issue of legalizing medical marijuana received nearly 70 percent, the outlet writes. Korm. Kristi NoemKristi Lynn NoemMore GOP Governors Accept Mask Mandates, But Holdouts Still in Sturgis Rally Accused of COVID-19 Proliferation in Minnesota (R) is one of the main opponents of the measures, calling them a “bad choice” in a statement released two days after the election.
“We are prepared to defend Amendment A against this lawsuit. Our opponents must accept defeat, rather than trying to overthrow the will of the people. ”Said the South Dakota group for better marijuana laws in response to the petition. “Amendment A has been carefully worded, fully scrutinized and approved by a large majority of South Dakota voters this year.”